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COMMISSIONERS PRESENT:
Rich Urbanowski
George Brown
John Plotkin
Tracy Sheffield
Jerry Golley
Ray Schoch
Michael Rohr
STAFF PRESENT:
Rebecca Clark, Director of Community Planning & Development
Gail Spencer, Administrative Manager
Paul Kennebeck, City Attorney
Roger Wadnal, Comprehensive Planning and Research Manager
Rob Smetana, Associate Planner
Joyce Wayman, Acting Secretary to the Planning Commission
Following are the minutes of May 2, 2007 Lakewood Planning Commission Public Meeting. A permanent set of these minutes is retained in the office of the City Clerk.
ROLL CALL
The roll having been called, a quorum was declared and the following business was conducted:
Case Number PL-07-004: Request of Mike Rock, Lakewood City Manager, to consider legislatively re-mapping (rezoning) properties within the boundaries of the Sheridan Boulevard Station Area Plan, Wadsworth Boulevard Corridor Station Area Plan to the Transit Mixed Use (TMU) Zone District in accordance with Section 17-17-8 of the City's Zoning Ordinance.
ROB SMETANA, Principal Planner, entered into the record the Staff Report, case file and associated materials for Case PL-07-004.
COMMISSIONER URBANOWSKI accepted the items for inclusion into the case records.
The public hearing was opened.
ANDREW LEMMER, 10485 West 14th Avenue. Mr. Lemmer stated that he is generally ok with the plan; however, he worries about Oak Street Station. He also said that he doesn't want to be left out of the TMU zoning and wants to opt in.
CAMILLE LIPINSKI, 10355 W. 13th Place. Ms. Lipinski stated that she was in favor of the change and complimented staff on their presentations to the neighborhood.
BOB FISHER, 880 Benton Street. Mr. Fisher was worried that Benton Street will become a thoroughfare and was also worried about the heights of the buildings.
BRIAN AND GAYLEN MATZEN, 10460 West 14th Ave. Ms. Matzen stated that she and her husband do not have any quarrel with the zoning at Oak Street. However, they don't want the zoning to be done in "bits and pieces."
DANIEL BERNT, 10405 W 13th. Mr. Bernt stated that he lives in Mr. Lemmer's neighborhood boundary and he would like to have Miller Street included. He likes the change in zoning from TMU to remain 1-R.
PAUL LUBER, 303 E. 17th Avenue, Denver. Mr. Luber stated that he is a realtor in the Wells Fargo building on Union. He wanted to say that he felt the process was very good and thanked staff.
ANN JOHNSON, 10350 W. 13th Pl. Ms. Johnson said that she represents 28 neighbors. At one point the neighbors had signed a petition protesting the rezoning in regard to the Miller Street boundary. Ms. Johnson said that the same 28 neighbors are here tonight to support the plan as amended. She would like to thank staff for all the meetings presented to the neighborhood.
ODELL ORR, 1301 Nelson. Mr. Orr, owner of Standard Restaurant Supply, doesn't want his property to be included in the rezoning. He thanked Planning Commission that they allowed him to be excluded. Mr. Orr said that he supports the new boundaries.
PUBLIC COMMENT WAS CLOSED AT THIS TIME.
COMMISSIONER QUESTIONS AND ISSUES WERE DISCUSSED
BECKY CLARK said that Mr. Orr had mentioned that perhaps his property had not been taken out of the area, or that the area was not drawn correctly. Ms. Clark informed the Commissioners that it has been drawn correctly and that the information is noted in their packet and he is not included in the TMU area.
COMMISSIONER URBANOWSKI said that it is difficult for the Commissioner's to piece together the exact changes that took place and exactly where the changes are. He asked Rob Smetana if he could directly answer and address all of the issues that were presented.
ROB SMETANA said that he would attempt to answer those issues. He noted that Mr. Fisher had some traffic concerns and he didn't know if he could address concerns of how the traffic would get to the station but it was something that he could look into and get back to him. He also addressed the concern Mr. Fisher had about the boundary being located on 9th Avenue. The boundaries would be the centerline of the streets.
COMMISSIONER URBANOWSKI asked if Benton went through and if it went across the gulch.
ROB SMETANA replied that it did not.
COMMISSIONER URBANOWSKI asked if he would mention why the station core is not in the core.
ROB SMETANA stated that the exact station location has not been determined yet, but it could be right under Sheridan or off to the west. RTD's parking would be on the south side of the gulch with only pedestrian access to the north. The station core is drawn where the heaviest traffic area would be and most amenable to higher densities. All the vehicular traffic will come in to the south of the station.
ROB SMETANA also explained the questions that Mr. Orr had relating to Oak Street. He showed an area that had been carved out to keep the 1R residential area in tact. Mr. Orr also asked that the two properties not be included in the boundary. They were located adjacent to the area that had already been taken out. Mr. Smetana said that staff felt it was an appropriate thing to do for Mr. Orr. With respect to the Union Corridor, instead of cutting through properties staff redrew the boundary to match existing property lines. The intent of the Station Area Plan was to encourage commercial development along Union with office development along Van Gordon.
COMMISSIONER SHEFFIELD asked about the area along Oak Street Station. What is the number of resident that pulled out compared to the number of residents that made it vocal that they wanted to pull out.
ROB SMETANA said that there were two meetings attended by approximately 25 people. There were a total of 28 properties that were excluded.
COMMISSIONER SHEFFIELD asked about the transitions of buildings and zones.
ROB SMETANA explained that within 125' of the outer boundary of the TMU area, structures must be of compatible height with the adjacent zone district regulations.
COMMISSIONER SCHOCH asked how staff was defining sustainability.
ROB SMETANA explained that it would allow the neighborhoods to evolve and they wouldn't be limited by the inconsistent zoning that exists today. They would have a greater flexibility than any zoning exists today and would allow the neighborhood to renew itself.
COMMISSIONER SCHOCH asked if he could explain the different densities, or the dwelling units per acre.
ROB SMETANA explained that the Station Core area would allow a minimum of 35 units to the acre. Maximum height is 8 stories.
The Commercial area will allow residential but doesn't require it. It is a minimum of 25 dwelling units per acre with 6 stories.
Office is 20 dwelling units per acre with 12 stories and Multi-family residential, as a secondary use would also be allowed.
COMMISSIONER SCHOCH said that his concern is strictly residential.
ROB SMETANA explained that the minimum density is 20 dwelling units per acre if residential was included.
COMMISSIONER SCHOCH then asked about the Higher Density, Medium Density and Lower Density Residential areas.
ROB SMETANA stated that the Higher Density is a minimum of 32 dwelling units per acre with no maximum but a maximum height of 6 stories. The Medium Density sets a maximum with a minimum of 5 and a maximum of 25 dwelling units per acre and 4 stories. There is not a minimum for Lower Density. There are 10 dwelling units per acre maximum. It allows the same height as single family with 2 stories.
COMMISSIONER ROHR had questions about Mr. Orr's property since he has opted out. If this property were to be sold in the future would that owner have to come before Planning Commission to have it rezoned?
BECKY CLARK replied that yes it would, and it would be taken on a case-by-case basis.
COMMISSION ROHR also asked about the Sheridan Station. Was the Sheridan Station
governed by the City of Denver as far as what would be included?
BECKY CLARK explained that the City of Denver and Lakewood are working in partnership on the Sheridan Station planning.
COMMISSIONER GOLLEY asked why certain boundaries were excluded. Some have Station Core sub-areas at the TMU. Why was there not more buffering?
ROGER WADNAL explained that the process started in November of 2005. The Transit
Oriented Development occurs one-quarter to one-half mile from a major station.
Staff started with a blank slate by identifying some of the areas around the
station. The boundaries came out of that process as well as the building heights,
densities and zoning.
COMMISSIONER GOLLEY said that he owns the property at 13th and Oak, the southeast
corner. He asked why it wasn't included in the TMU zoning.
ROGER WADNAL explained that there seemed to be more of a natural barrier and grade difference where the track is. They felt the neighborhood wouldn't change and would remain single family and the Oak Street boundary is Gambro. The two barriers are areas of stability and not areas of change.
COMMISSIONER GOLLEY asked if they (RTD) had already purchased the station cores and asked about parking.
BECKY CLARK explained that staff is still in the planning process and the acquisition process by way of RTD. The stations that they are looking at now are the stations that have parking. There are 7 stations and only 4 have parking. Those stations that require parking are to be provided by RTD and not the City.
COMMISSIONER BROWN asked about the concern the Matson's had about partial zones and making the streets a dividing line.
BRIAN AND GAYLEN MATSON explained that they don't want the street to become the dividing line or the boundary line.
COMMISSIONER BROWN asked if staff had a response to that.
ROB SMETANA explained that they tried to use streets as boundaries. It didn't make sense in that area to jog through property lines. The boundary was originally the street and they moved it back to another street and it works out just fine.
COMMISSIONER PLOTKIN asked about carving out. When you carve something out would you leave the zoning the way it was?
ROB SMETANA stated that was correct.
COMMISSIONER PLOTKIN said that he had a concern about opting out. It seems to
be more like fine-tuning. He asked staff if they were improving the proposal
as opposed to carving out in response to particular owners.
ROGER WADNAL explained that this has been a very long public process with meetings beginning in November of 2005. They have done their best to notify property owners and the boundaries reflect all of the public process. Staff has taken the stance that they are listening, and if people come in at the last minute and say they have concerns, and they weren't notified, staff has to listen and have good plans to work with the community.
COMMISSIONER PLOTKIN said that the process has been very long and staff should be commended, and it shows from the comments tonight from the community. He also asked if the property owners that chose to opt out of the final re-mapping would have the option to come back to Planning Commission and ask for a rezoning.
BECKY CLARK replied that yes they can. Anyone can come before Planning Commission to repress the property to be rezoned.
COMMISSIONER URBANOWSKI commended staff on the process, volume of work and flexibility that they have done. Commissioner Urbanowski also stated that the Eiber Neighborhood had also endorsed the plan.
COMMISSIONER PLOTKIN made a motion that the Planning Commission recommend to City Council that based upon the record presented tonight and the findings set forth in the staff report that the City Council approve the legislative rezoning. That the City Manager, Michael Rock of the City of Lakewood, has submitted an application to legislatively rezone the areas identified in the attached legal descriptions and on the attached maps to the Transit Mixed Use (TMU) Zone District; and that the Notice of the Planning Commission pubic hearing was published I a newspaper of general circulation in the City of Lakewood at least fifteen (15) days prior to the date of the hearing; and four (4) public meetings regarding the legislative rezoning were held during April of 2007; and Courtesy notice of the public hearing was provided by posting of signs within the areas affected by the legislative rezoning, through courtesy mailings to property owners and business and residential tenants within the affected areas, and through information provided on the City's website; and the legislative rezoning action is consistent with the Sheridan Boulevard, Wadsworth Boulevard, Oak Street and Union Boulevard Corridor Station Area Plans adopted by the City Council in August of 2006; and the legislative rezoning action is consistent with the Transit Mixed Use (TMU) Zone District adopted by the City Council in February of 2007; and the legislative rezoning action is consistent with Section 17-17-8 of the Zoning Ordinance; and the proposed rezoning affects a large number of properties and the proposed rezoning is not limited only to a specific individual or readily identifiable group of individuals; and it would be inefficient, cumbersome, and unduly burdensome on the resources of the City to rezone the potentially affected properties in a quasi-judicial manner on a site-by-site basis; and the rezoning is prospective in nature and reflects public policy of a permanent or general character impacting the City on a scale greater than at the individual property level; and that the proposed rezoning is intended to implement specific goals or objectives of the City's Comprehensive Plan; and/or rezone a large number of properties to a newly created zone district in a manner consistent with the goals or objectives of the city's Comprehensive Plan; and the legislatively rezoning is consistent with the goals of the Comprehensive Plan; and
That the Planning Commission recommends that the City Council APPROVE the legislative rezoning, Case Number PL-07-004.
COMMISSIONER SCHOCH seconded the motion.
Motion passed by a vote of 7-0.
GENERAL BUSINESS:
Approval of the minutes for the public hearing of March 21, 2007 were continued to the next public hearing of June 6, 2007.
BECKY CLARK said that the Community Resources Department is conducting several public meetings and they will be before the Planning Commission to request adoption of an amendment to the Comprehensive Plan for a Master Parks Plan. All of the meetings are open for all to attend. The meeting dates and time will be sent via e-mail to the Commissioner's.
BECKY said that she had sent them information regarding the open meeting for the Federal Center, General Services Administration. Unfortunately, they should not be attending the meeting because of the quasi-judicial items that will be coming before the Commission.
BECKY also reminded the Commissioner's of the Joint Study Session for orientation purposes on May 8, with the Board of Adjustment members, beginning at 6:30 in the Cabinet Room.
She also informed the Commissioner's that there is a Study Session on May 16, at 6:30 in the Development Review Conference Room.
ADJOURNMENT:
Meeting adjourned at 8:40 P.M.
Joyce L Wayman, Acting Secretary to the Planning Commission
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